FILED DEC 19 2017 ~* Pocketed » All CHIEF FINANCIAL OFFICER JIMMY PATRONIS STATE OF FLORIDA IN THE MATTER OF; PATRICK HUGH DOWD _ CASE NO.: 208965-17-AG / ADMINISTRATIVE COMPLAINT Patrick Hugh Dowd 695 A1A North Unit 116 Ponte Vedra Beach, Florida 32082-2755 Patrick Hugh Dowd C/O Patrick Hugh Dowd (Agency) 3225 Fiddlers Hammock Lane Ponte Vedra, Florida 32082 Patrick Hugh Dowd C/O Patrick Hugh Dowd (Agency) 8702 Perimeter Park Boulevard Jacksonville, Florida 32216 Patrick Hugh Dowd (“Respondent”), license LD, , #A071373, is hereby notified that pursuant to chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida has ~ caused to be made an investigation of his activities while licensed as an insurance agent in this state, as a result of which it is allegéd: . GENERAL ALLEGATIONS 1. Pursuant to chapter 626, Florida Statutes, Respondent is curréntly licensed in this state as a life including variable annuity agent, a life including variable annuity and health agent, a life and health agent, a life agent, a general lines agent, and a health agent. 2. At all times pertinent to the dates and occurrences referred to herein, Respondent was licensed in this state as a life including variable annuity agent, a life including variable annuity and health agent, a life and health agent, a life agent, a general lines agent, and a health agent. 3. Pursuant to chapter 626, Florida Statutes, the Florida Department of Financial Services ("Department") has jurisdiction over Respondent’s insurance licenses and appointments, 4. — Atall times pertinent to the dates and occurrences referred to herein, Respondent has been agent in charge and an officer of the agency Patrick Hugh Dowd (“Dowd Agency”) located at 2180 West First Street, Suite 510, Fort Myers, Florida. COUNT I . 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. Consumer R.D., of Jacksonville, Florida, (“R.D.”) has known Respondent since the late 1980s, 7. R.D. has purchased various insurance products from Respondent since the late 1980s. | 8. On or about May 12, 2015, Respondent submitted an application CRD. Application”) purportedly on behalf of R.D. 9. The R. D. Application was for a $5,000 variable annuity product:to be issued by Pruco Life Insurance Company (“Pruco.”) 10. R.D. never met with Respondent regarding an application for a $5,000 variable annuity product. 11, The R.D. Application contained what was purportedly R.D.’s electronic signature, 12, R.D. never submitted an electronic signature for the R.D, Application. 13. R.D. never authorized Respondent or anyone else to sign the R.D. Application on his behalf. 14, RD. never authorized Respondent or anyone else to submit the R.D. Application | to Pruco on his behalf. 15. Respondent, or someone under his supervision, signed the RD. Application purportedly on behalf of R.D. 16. Respondent, or someone under his supervision, submitted the R.D. Application to Pruco purportedly on behalf of R.D. 17, The R.D. Application also contained information regarding R.D.’s financial information. 18. The RD. Application listed R.D.’s existing assets as between $750,000 and $999,999, and R.D.’s liquid net worth as between. $500,000 and $749,000. 19. The financial information submitted in the R.D. Application was not correct as to R.D.’s existing assets and liquid net worth. * 20. RD. never submitted the financial information above as part of the RD. Application. 21. RD. never authorized Respondent or anyone else to submit the financial “information on the R.D. Application on his behalf. 22. Respondent, or someone under his supervision, submitted the financial information on the R.D. Application purportedly on behalf of R.D. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitutes grounds for the suspension or revocation of his licenses and appointments: a. Section 626.621(6), Florida Statutes, which provides, in relevant part, the Department may, in its discretion, deny an application for, suspend, revoke, or refuse to renew the license or appointment of any insurance agent if it finds that the licensee, in the conduct of business under the license or appointment, engaged in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public. -b. Section 626.611(1)(g), Florida Statutes, which provides, in relevant part, that the - Department shall deny an application for, suspend, revoke, or refuse to renew the license or appointment of any agent if it finds that the applicant, licensee, or appointee has demonstrated lack of fitness or trustworthiness to engage in the business of insurance. C. Section 626,611(1)(h), Florida Statutes, which provides, in relevant part, it is a violation for any insurance agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. d. —_ Section 626.611(1)(), Florida Statutes, which provides, in relevant part, that the | Department shall deny an application for, suspend, revoke, or refuse. to renew the license or appointment of any agent if it finds that the applicant, licensee, or appointee has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. e. Section 626.621(2), Florida Statutes, which provides that the Department may, in its discretion, deny an application for, suspend, revoke, or refuse to renew the license or appointment of any agent if it finds that the licensee violated any provision of the Florida Insurance Code or any other law applicable to the business of insurance in the course of dealing under the license or appointment. f. Section 626.9541(1)(ee), Florida Statutes, which provides, in relevant part, that it is a violation to willfully submit to an insurer on behalf of a consumer an insurance application or policy-related document bearing a false or fraudulent signature. -g Section 626.0428(4)(e), Florida Statutes, which provides, in relevant part, that an agent in charge of an insurance agency is accountable for the misconduct or violations of the Florida Insurance Code committed by the licensee or agent or by any person under his or her supervision while acting on behalf of the agency. | COUNT II 23. The above general allegations are hereby realleged and fully incorporated herein by reference. 24, Consumer J.H., of Jacksonville, Florida, (“J.H.”) has known Respondent for over . thirty years, Respondent has been J.H.’s insurance agent for the past eleven years. 25. On or about August 27, 2015, Respondent submitted an application (“J.H. Application”) purportedly on behalf of J.H. 26. The J.H. Application was for a $75,000 variable annuity product to be issued by Pruco. 27. J.H, had met previously met with Respondent to discuss converting term life insurance policies into whole life insurance policies. 28. — J.H. did not discuss purchasing any annuity products with Respondent. 29, The J.H. Application contained what was purportedly J.H,’s electronic signature. 30. J.H. never submitted an electronic signature for the J.H. Application. 31. J.H. never authorized Respondent or anyone else to sign the J.H. Application on his behalf. 32. J.H. never authorized Respondent or anyone else to submit the J.H. Application on his behalf. 33. Respondent, or someone under his supervision, signed the J.H. Application purportedly on behalf of J.H. 34, Respondent or someone under his supervision submitted the J.H. Application to Pruco purportedly on behalf of J.H. 35, The J.H. Application also contained information regarding J.H.’s financial information. 36. The J.H. Application listed J.H.’s existing assets as between $2,500,000 and $4,999,999, and R.D.’s liquid net worth as between $1,000,000 and $2,499,999, 37. The financial information submitted in the J.H. Application was not correct as to J,H.’s existing assets and liquid net worth. . 38, J.H. never submitted the financial information above as part of the J.H. Application, 39. JH. never authorized Respondent or anyone else to submit the financial information on the J.H. Application on his behalf. 40. Respondent, or someone under his supervision, submitted the financial information on the J.H. Application purportedly on behalf of J.H. ‘IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitutes grounds for the suspension or revocation of his licenses and appointments: a. Section 626.621(6), Florida Statutes, which provides, in relevant part, the Department may, in its discretion, deny an application for, suspend, revoke, or refuse to renew the license or appointment of any insurance agent if it finds that the licensee, in the conduct of business { under. the license or appointment, engaged in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public. db. Section 626.611(1)(g), Florida Statutes, which provides, in relevant part, that the Department shall deny an application for, suspend, revoke, or refuse to renew the license or appointment of any agent if it finds that the applicant, licensee, or appointee has demonstrated lack . of fitness or trustworthiness to engage in the business of insurance. c. Section 626.611(1)(h), Florida Statutes, which provides, in relevant part, it is a violation for any insurance agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. d, Section 626,611(1)(i), Florida Statutes, which provides, in relevant part, that the Department shall deny an application for, suspend, revoke, or refuse to renew the license or appointment of any agent if it finds that the applicant, licensee, or appointee has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. e, Section 626.621(2), Florida Statutes, which provides that the Department may, in its discretion, deny an application for, suspend, revoke, or refuse to renew the license or appointment of any agent if it finds that the licensee violated any provision of the Florida Insurance Code or any other law applicable to the business of insurance in the course of dealing under the license or appointment. f Section 626.9541(1)(ee), Florida Statutes, which provides, in relevant part, that it is a violation to willfully submit to an insurer on behalf of a consumer an insurance application or policy-related document bearing a false or fraudulent signature. g. Section 626.0428(4)(e), Florida Statutes, which provides, in relevant part, that an agent in charge of an insurance agency is accountable for the misconduct or violations of the Florida Insurance Code committed by the licensee or agent or by any person under his or her supervision while acting on behalf of the agency. COUNT Ill 41. The above general allegations are hereby realleged and fully incorporated herein by reference. 42. Consumer L.C., of Jacksonville, Florida, (“L.C.”) met with Respondent on three separate occasions to discuss purchasing term life insurance. 43. _ L.C. purchased term life insurance from Respondent in early 2015, 44, On or about October 22, 2015, Respondent submitted an application (“L.C. Application”) purportedly on behalf of L.C. 45. The L.C. Application was for a $172,000 variable annuity product to be issued by Pruco. 46. — L.C. did not discuss purchasing any annuity products with Respondent. 47, The L.C, Application contained what was purportedly L.C.’s electronic signature. 48. _L.C. never submitted an electronic signature for the L.C. Application. 49, _L.C, never authorized Respondent or anyone else to sign the L.C. Application on her behalf. . 50. L.C. never authorized Respondent or anyone else to submit the L.C. Application on her behalf. 51. Respondent, or someone under his supervision, signed the L.C. Application purportedly on behalf of L.C. 52. Respondent or someone under his supervision submitted the L.C. Application to Pruco purportedly on behalf of L.C. 53. The L.C. Application also contained information regarding L.C.’s financial information. 54, The L.C. Application listed L.C,’s existing assets as between $1,000,000 and $2,500,000, and L.C.’s liquid net worth as between $500,000 and $749,000. 55, The findncial information submitted in the L.C. Application was not correct as to L.C.’s existing assets and liquid net worth. 56. LC. never submitted the financial information above as part of the L.C. Application. 57. L.C, never authorized Respondent or anyone else to submit the financial information on the L.C. Application on her behalf. 58. Respondent, or someone under his supervision, submitted the financial information on the L.C. Application purportedly on behalf of L.C. ) IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitutes grounds for the suspension or revocation of his licenses and appointments: a Section 626.621(6), Florida Statutes, which provides, in relevant part, the Department may, in its discretion, deny an application for, suspend, revoke, or refuse to renew the license or appointment of any insurance agent if it finds that the licensee, in the conduct of business under the license or appointment, engaged in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part [X of chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public. b. Section 626.611(1)(g), Florida Statutes, which provides, in relevant part, that the Department shall deny an application for, suspend, revoke, or refuse to renew the license or appointment of any agent if it finds that the applicant, licensee, or appointee has demonstrated lack of fitness or trustworthiness to engage in the business of insurance. © Section 626.611(1)(h), Florida Statutes, which provides, in relevant part, it is a violation for any insurance agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. d. Section 626.611(1)(i), Florida Statutes, which provides, in relevant part, that the Department shall deny an application for, suspend, revoke, or refuse to renew the license or appointment of any agent if it finds that the applicant, licensee, or appointee has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. e. Section 626.621(2), Florida Statutes, which provides that the Department may, in its discretion, deny an application for, suspend, revoke, or refuse to renew the license or appointment of any agent if it finds that the licensee violated any provision of the Florida Insurance Code or any other law applicable to the business of insurance in the course of dealing under the license or appointment, f. Section 626.9541(1)(ee), Florida Statutes, which provides, in relevant part, that it is a violation to willfully submit to an insurer on behalf of a consumer an insurance application or policy-related document bearing a false or fraudulent signature. g. Section 626.0428(4)(e), Florida Statutes, which provides, in relevant part, that an agent in charge of an insurance agency is accountable for the misconduct or violations of the Florida Insurance Code committed by the licensee or agent or by any person under his or her supervision while acting on behalf of the agency. 10 WHEREFORE, Respondent is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking his licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of sections 626.611, 626.621, 626.641, 626.681, 626.9541, 626.9521 and 626.691, Florida Statutes, Rule 69B-231, Florida Administrative Code, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. DATED and SIGNED this ns Ja day of pe Andor » 2017. ——— Thomas, Director Division of Insurance Agent & Agency Services 11 NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to sections 120,569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of her receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with Julie Jones, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Her written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after her receipt of this notice, Mailing the response on the twenty-first day will not preserve her right to a hearing. FAILURE TO ENSURE THAT YOUR WRITTEN RESPONSE IS RECEIVED BY THE DEPARTMENT WITHIN TWENTY-ONE (21) DAYS OF HER RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND A_ FINAL ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the, "respondent"). 12 (b) Thename, address, telephone number, facsimile number of the attomey or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) _ A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. . (dq) A statement of when the respondent received notice of the administrative complaint, (c) A statement including the file number of the administrative complaint, If a hearing of any type is requested, you have the right to be represented by counsel: or * other qualified representative at her expense, to present evidence and argument, to call and cross- examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. . ' Ifa proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in . opposition to the action, taken by the Department or a written statement challenging the grounds upon which the Department has relied, While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon her request. However, if you dispute material facts which are the basis for the Department’s action, you must request: an adversarial proceeding pursuant to sections 120,569 and 120.57(1), Florida Statutes. These proceedings are held before a State Administrative Law Judge of the Division of Administrative Hearings, Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. 13 Failure to follow the procedure outlined with regard to her response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered free form agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. - Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you during the time frame in which you have to request a hearing. 14 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative. Complaint and Election of Proceeding has been furnished to Patrick Hugh Dowd, 695 A1A North Unit 116, Ponte Vedra Beach, Florida 32082-2755; Patrick Hugh Dowd, 3225 Fiddlers Hammock Lane, Ponte Vedra, Florida 32082; 8702 Perimeter Park Boulevard, Jacksonville, Florida 322 16, by USPS Certified Mail this io day of ( JNeorby , 2017. | for Chase E, Den Beste Florida Bar No.: 126075 Department of Financial Services Office of the General Counsel 200 East Gaines Street Tallahassee, Florida 32399-0333 Phone Number: (850) 413-4265 Fax Number: (850) 487-4907 15 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES Office of the General Counsel IN THE MATTER OF: PATRICK HUGH DOWD . CASE NO.: 208965-17-AG ELECTION OF PROCEEDING Thave received and have read the Administrative Complaint filed by the Florida Department of Financial Services (“Department”) against me; including the Notice of. Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) 1. [J T do not dispute any of the Department’s factual allegations and J do not desire a hearing, I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. 2. ‘I donot dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE): {] Submit a written statement and documentary evidence in lieu of a hearing; or {] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or t) Attend that same hearing by way of a telephone conference call. 3. [] 1 do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings, J have attached to this ‘election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights, Specifically, I have identified the disputed issues.of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE @1) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: Julie Jones, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. = OO Signature Print Name , Date: __ : Address: Date Administrative ‘ Complaint Received: If you are represented by an attorney or qualified : Phone No.: representative, please attach to this election form his or her name, address, telephone and fax numbers. Fax No.:

Docket for Case No: 18-000348PL